Introduction
Criminal justice system is a process through which offenders are punished by law of a certain jurisdiction. Before one is accused of committing a crime, he must have been proven guilty. Criminal justice system has three arms they are, police, courts and correction department. This paper, guided by headings, will discuss and explain the pretrial process.
Pretrial Detention
This is when a suspect is kept in custody of government facility, mostly in jail, waiting for legal proceeding. During this period the person is still innocent in the eyes of the law. He has not yet been proved guilty of the offence charged. A suspect remains in detention when he has been denied a bail or when one is not able to raise the bail amount set. During this period the suspect has the right to access the library to research his case and can see his attorney in private. When one is denied a bail, his attorney can object that decision and the case looked into again. Detention is done for the interest of the court if there is fear that a suspect might forfeit the case proceedings or releasing him will tamper with the proceedings of the case or is a threat to his or others safety (Smith, 2005).
Bail
A bail is a guarantee given to a court to temporary release an arrested or an accused person whom case can merit incarceration between the time of arrest and trial. It involves the court asking for a pledge of a certain asset mostly money to release an arrested person on condition that he will abide to set conditions. The conditions include appearance in trial and remain within a certain jurisdiction during the process of trial.
Failure to abide to set conditions calls for payment of the whole amount of bail to the court. The arrested person is supposed to pay the bail amount however in cases where he cannot raise the bail amount, then a third party in form of a friend or a bail bond company can be involved. The amount of bail is determined according to the case at hand thus can vary from few coins to large sums of money (Maclean, 2008).
Right to preliminary examination
This is the first stage in a case where the prosecutor is mandated to show cause and reasons why the case should continue for trial. In this case the prosecutor is giving the evidence collected that can either prove that a crime was committed or a law was broken. Secondly it shows that there is at least probable cause to show that the accused committed a crime. The prosecutor does not have to give a lot of details but give adequate information that can make the judge believe that the case can proceed. This is a constitutional right to a suspect and should be followed to the latter.
Grand jury
Grand jury is an examination of a civil case by court appointed group of people with the aim of identifying whether there is enough evidence to support a case in court. They collect information and evidence of a case and weigh the options of the quality and sustainability of a case in court. After the jury has established that the suspect have a case to answer, they offer a written indictment, advising the court of their findings. It is usually composed of 16-20 people although the number can vary depending with the case at hand. The main role of grand jury is to advise prosecutorial system to ensure that they prosecute a case that has evidence that can stand trial.
In some cases grand jury may happen without the knowledge of a suspect that something is being investigated and thus it may be the same person who gives evidence in the jury. After wards the evidence is used against him (Hall, 2008)
Prosecutor’s duty to disclose exculpatory information
Before a suspect has been proved guilty, he/she has a right to be tried fairly. The prosecutor is one who is supposed to represent that state in the case and thus should have enough evidence to prove in deed there was a crime committed or a certain law was violated. Evidence collected by the police should be given to the prosecutor and it is him who has the duty of presenting then in court in a way prescribed by the area’s jurisdiction.
Depending with the case, he gives evidence inform of samples, good collected from the case, special investigation report like the deoxyribonucleic acid (DNA) analysis and biometric identification. As much as the prosecutor gives evidence to hold a case, he is also mandated to give such information that can prove the accused innocent if he is. The explanation contains exculpatory material that can prove the accused guilty as well as documentary/information that can weaken the case but not contradict the stand of the prosecutor.
The way he presents the case should be in a fair manner not to create an impression that can lead to a harsher or lenient punishment on the suspect when he deserved something more or less (McElhaney, 2009).
Prosecutorial misconduct
Prosecutors work under a code of ethics. They are bound by the ethics and are supposed to act in accordance to them and any other set law within ones jurisdiction which does not violate their code of ethics. In case a prosecutor acts in contradiction with the set ethics, then has committed a prosecutorial misconduct. Prosecutors represent the state in criminal proceeding and thus are bound to have high level of integrity and ethics in this effect. He is supposed to prove an accused as either innocent or guilty.
Misconducts take different forms depending with the jurisdiction of a case. It involves a prosecutor knowingly bringing forth false information against an accused. This will amount to misleading the court which he has a duty to ensure that it conducts its business correctly without malice.
The prosecutor in cases has files and evidences collected to support the case however if he decides to hide, tamper, manipulate in any way that violates the integrity of the evidence or even destroy evidence, he is violating code of ethics and thus is liable to a prosecutorial misconduct.
There are time that the prosecutor may create an impression that either favors the accused or injuries him. This also accounts as a prosecutorial misconduct (Cant & Standen, 2007).
Conclusion
Before a suspect has been proven guilty, he must have been proven guilty. It is the duty of the prosecutor to provide such evidence enough to support a case in law. After an arrest a suspect can be detained in government custody waiting legal proceeding or can be released on a bail. This is decided case by case after considering the conditions of the case. Suspects have the right to preliminary examination.
References
Cant, R., & Standen, P. (2007). What professionals think about offenders with learning disabilities in the criminal justice system. British Journal of Learning Disabilities, 35(3), 174-180. Web.
Hall, N. (2008). “Potential jurors excused at major hells angels Trial’Court Case Delayed because jury selection process taking longer than expected.” The Vancouver Sun,B.1.
Maclean,J. (2008).”Circuit split deepens over jury bias issue;Sanctity of deliverations upheld,despite bias”. National Law Journal,31(13),6.
McElhaney,J. (2009).”Persuasive cross-examination”.ABA Journal,95(4). 21.
Smith,M.B.E. (2005).”How much should lawyers know when picking A Jury?” Criminal Justice Ethics 24(2).2.